Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items.

NOSAC – meeting

The National Offshore Safety Advisory Committee (NOSAC), sponsored by the US Coast Guard, will meet in Ocean Springs, Mississippi on November 5. Topics on the agenda include: IMO standards and activities; implementation of MARPOL Annex II; employment of foreign workers on the OCS; evacuation of injured workers from remote facilities; and advance notice of arrival on the OCS. 74 Fed. Reg. 48580 (September 23, 2009).

The White House issued a press release stating that President Obama intends to nominate Alan D. Bersin to serve as Commissioner, US Customs and Border Protection (CBP). Mr. Bersin currently serves as Assistant Secretary of International Affairs, Department of Homeland Security. (9/22/09).

Vicksburg – meetings re proposed hydrokinetic projects

The US Coast Guard issued a news release stating that public meetings will be held in Vicksburg on September 28 and 29 to examine proposed hydrokinetic projects along the Mississippi River. (9/21/09).

Seattle – radiological and nuclear detection exercise

The US Coast Guard issued a news release stating that, on September 24, it and other enforcement agencies will conduct a radiological and nuclear detection exercise on Puget Sound. (9/18/09).

For purposes of COGSA, merchants are not shippers

The US Court of Appeals for the Ninth Circuit ruled that merchants are not entitled to the protection accorded shippers under the Carriage of Goods by Sea Act (COGSA) for damages caused by the cargo and that foreign law may be applicable to determination of whether the prevailing party is entitled to recovery of attorneys’ fees. In the instant case, plaintiff carrier sued defendant merchants for damages incurred in cleaning up its vessel when a shipment of aerosol hair mousse and hair spray leaked during transport. Defendants asserted that they were not negligent and were thus entitled to the protection accorded non-negligent shippers under COGSA. The court held that, since the defendants had not provided the cargo to the carrier for shipment that they were not shippers for purposes of COGSA. The court also ruled that, since the bill of lading specifically provided that Singapore law applied to all issues that were not controlled by COGSA and since COGSA does not address attorneys’ fees, entitlement to such fees should be determined in accordance with Singapore law. APL Co. Pte. Ltd. v. U.G. Co., Inc., No. 07-16739 (9th Cir., September 21, 2009).

UK – quality of rivers in England and Wales

The UK Environment Agency issued a news release stating that the quality of rivers in England and Wales is at its highest for over a century. (9/22/09).

If you have questions regarding the above items, please contact the editor:

Subscribe Now: standard

Subscribe Tohttp://www.uscg.mil/comdt/blog/

Followers

Blog Archive

About Me

After graduating from the US Coast Guard Academy, he served 27 years active duty, retiring as a Captain in 1995. While on active duty, he made three Arctic patrols (and was seconded to the icebreaking tanker MANHATTAN during its Northwest Passage transit in 1969). After law school, he served in a variety of legal assignments, including as the agency’s Law of the Sea Officer. He supervised implementation of the Oil Pollution Act of 1990 (OPA 90). This project involved preparation of regulations relating to double hulls for oil tankers and vessel response plans, among others. In 1995, he joined the law firm of Haight Gardner Poor & Havens, specializing in the government regulation of ships. He advised clients worldwide on compliance with international, US, and state laws impacting vessel operation. He published via email to 5,000 readers worldwide the daily newsletter Maritime Items on governmental developments impacting the industry. In 2009, Mr. Bryant moved into maritime regulatory consulting. He continues to publish a daily newsletter, but it is now distributed via the Blog. He writes extensively, speaks at fora worldwide, and is quoted frequently in the trade press.